Category

Enforcement

20 September 2022

FTC Defends Expansive Privacy and Data Security ANPR at Public Forum

The FTC continues its defense of the wide-reaching Advance Notice of Proposed Rulemaking (ANPR) on “Commercial Surveillance and Data Security” that the Commission, by a 3-2 vote, issued in August. (See the supporting statements of Chair Lina Khan and Commissioners Rebecca Slaughter, and Alvaro Bedoya, and … Read More

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25 August 2022

FTC ANPR Explores Wide Ranging Topics for Privacy and Cybersecurity Rulemaking

On Thursday, August 11, the Federal Trade Commission (“FTC”) announced that it is exploring rules to crack down on harmful commercial surveillance and lax data security practices.  The FTC’s Advance Notice of Proposed Rulemaking (“ANPR”) solicits public comment on whether it should put into effect new rules and restrictions concerning … Read More

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21 June 2022

Suits Against Google Signal Increased ‘Dark Patterns’ Scrutiny

*This article first appeared on Law360 on June 16, 2022

Pending lawsuits against Google LLC illustrate how regulators and plaintiffs lawyers are increasingly wielding a dark patterns theory in challenging companies’ practices involving consumers.

The attorneys general of Washington, D.C., Washington state, Texas and Indiana all filed complaints against Google, … Read More

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13 June 2022

UK Consults on Algorithmic Processing

Algorithms touch upon multiple aspects of digital life, and their use potentially falls within several separate – though converging – regulatory systems. More than ever, a ‘joined up’ approach is required to assess them, and the UK’s main regulators are working together to try to formulate a coherent policy, setting … Read More

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23 May 2022

Blockchain Tracing: The U.S. Government’s Newest Tool to Combat Foreign Crime

On May 13, 2022, U.S. Magistrate Judge Zia M. Faruqui of the District of Columbia took the unusual step of unsealing and issuing a Memorandum Opinion captioned “In Re: Criminal Complaint” to explain the court’s conclusion that probable cause existed to authorize a federal criminal complaint against an individual for … Read More

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06 April 2022

SEC Announces 2022 Examination Priorities: Private Funds, ESG, Retail, Cyber, Digital Assets Top the List

On March 30, 2022, the U.S. Securities and Exchange Commission (SEC) Division of Enforcement (EXAMS or Division) issued its annual examination priorities.1 Consistent with its recent rulemaking activity, in its accompanying release, the SEC highlighted private funds; Environmental, Social and Governance (ESG) investing; retail; cyber; and digital assets as … Read More

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29 March 2022

California AG’s First Formal CCPA Opinion Directs Businesses to Disclose Internally-Generated Inferences and Expresses Skepticism Around Trade Secret Claims

In its first formal opinion interpreting the California Consumer Privacy Act (the “Opinion”), the California Attorney General (OAG) has expansively interpreted CCPA to mean that inferences created internally by a business, including those based on data that is not included in the definition of personal information, constitute “specific pieces” of … Read More

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14 March 2022

Digital Health Compliance Considerations — Revenue Models and Patient Incentives

Digital Health Compliance Considerations — Revenue Models and Patient Incentives

The digital health market continues to grow exponentially in the United States. As startups and established companies market digital tools and technology to improve health outcomes and reduce costs, a key issue is whether the revenue model and any incentives … Read More

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09 March 2022

DOJ’s First “Cyber-Fraud” Settlement Targets Healthcare Provider

Yesterday DOJ announced its first settlement under the Department’s new “Cyber-Fraud Initiative.”  This initiative, announced in October 2021, aims to “utilize the False Claims Act to pursue cybersecurity related fraud by government contractors and grant recipients.”  However, as discussed further here, in addition to targeting traditional government contractors, … Read More

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